History was made in Harris County on February 20, 2026. The Texas Business Court had its first jury verdict entered in the case Powers v. Berry, No. 24-BC11A-0025, which involved a dispute over a crude oil delivery project. This marks a major milestone for the new court system, which seeks to establish itself as an alternative to Delaware's Chancery Court. The Business Court seeks to do this in part by offering quick resolutions to cases with financially high stakes.
A notable difference between the Business Court and the Chancery Court that is relevant here is that the Business Court gives parties the option of decisions being made by a judge or a jury. On the other hand, the Chancery Court only allows for decisions to be made by judges. While time will tell which model is more optimal, there is a strong history in America of using the jury to solve factual disputes in cases, which is exactly what happened in Powers. Additionally, parties can decide whether they want to use a judge, a jury, or both to decide their case. Powers shows that parties in Texas are already taking advantage of this greater flexibility to resolve their disputes.
Marking a milestone for the state judiciary, a Harris County jury late Friday night delivered the historic inaugural verdict in the Texas Business Court.
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